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<br />Cattany <br />Page 2 <br />Apri16, 2004 <br />A follow up inspection of the site was conducted on October 21, 2003. At the time of the <br />inspection, a significant portion of the 2001-2002-polygon azea had still not been backfilled and <br />graded, topsoiled, and seeded. SCC failed to meet the requirements of Abatement Steps 1 and 2 <br />of NOV CV-2003-007 within the required abatement timeframe. Cessation Order CO-2003-012 <br />was issued on October 22, 2003 for failure to complete the remedial actions required to abate <br />NOV CV 2003-007. The abatement deadline for CO-2003-012 was initially 90 days (on or <br />before January 19, 2004). <br />Since the issuance of the failure to abate cessation order, the 2001-2002 area has been rough <br />backfilled and graded. However, topsoiling and seeding activities have not been completed in <br />this azea. Our rules require that seeding and planting of disturbed azeas shall be conducted <br />during the first normal period for favorable planting conditions after final preparation for seeding <br />or planting. Topsoil redistribution and seeding is generally not possible due to climatic <br />conditions during the winter months at the Yoast mine. The topsoiling would require that topsoil <br />be placed over saturated (snow covered or extremely muddy) spoil and placement by scrapers <br />under these conditions causes deep mts and unsafe operating conditions. <br />Therefore, Rule 5.03.2 (2)(c)(iv) applies as follows: "Where climatic conditions preclude <br />abatement within 90 days, or where, due to climatic conditions, abatement within 90 days clearly <br />would cause more environmental harm than it would prevent..." SCC believes that attempting to <br />place topsoil over snow covered/saturated regarded spoil would cause more harm. On <br />December 22, 2003 the Division extended the time for abatement to April 18, 2004. On Apri15, <br />2004 SCC submitted a request to extend the time for abatement an additiona190 days due to <br />climatic conditions being unfavorable for topsoiling and seeding. <br />I am requesting that the abatement deadline for CO-2003-012 be extended to July 17, 2004. <br />Please see the attached Extension of Time for Abatement Notice. <br />Please let me know if you have any questions, or require additional information. <br />c: Sandy Brown <br />David Berry <br />Enclosure <br />